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法規名稱(Title) Directions for Communications Businesses in the Event of a Natural Disaster or Emergency Ch
公發布日期(Announced Date) 2010.05.12
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1. This Act is enacted pursuant to Radio and Television Act Article 7, Cable Radio and Television Act Article 7 and Satellite Broadcasting Act Article 4 by National Communication Commission (hereinafter to be referred as " NCC "). In the event of a natural disaster or emergency, the regulatory agencies may direct system operators to designate specific programs or messages to be transmitted, in order to safeguard public safety and welfare.
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2. The natural disaster in the directions refers to Typhoon, flood, landslide, draught, chilling injury, and other special disasters occurring due to weather changes, earthquake, tsunami and volcanic eruption.
The emergency in the directions refers to turmoil, war, plague, nuclear accident, national finance, economy, banking, transportation, fire, public safety and other emergent events.
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3. For the prevention from the damage of natural disaster or emergency, or alleviation of the damage, maintenance of public safety and welfare, NCC may stop transmitting programs or designate specific programs or messages to be transmitted after reviewing of the examination from NCC or relevant competent authorities (refer to the Annex).
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4. The requisition of the range and time in communication businesses shall be in accordance with the following general principles:
(1) NCC may designate the whole times of specific channels for public benefit or social education depending on the real demands and designate specific times of commercial channels in principle.
(2) In the event of a natural disaster or emergency, the requisition of communication businesses shall consider broadcasting television and satellite television and national broadcasting as primary options with cable television and local broadcasting as supporting options.
(3) In the event of a natural disaster or emergency, the requisition of communication businesses shall consider cable television and local broadcasting service as primary options and with television, satellite television and national broadcasting services as supporting options for local propagation.
(4) News and comprehensive channels shall be considered prior to others when NCC designates broadcasting or satellite broadcasting channels and the requisition of other types of channels depends on the situation of disaster or emergency and the demand. The designation of cable broadcasting channels shall be in accordance with Cable Radio and Television Act Article 25, Subsection 2 and Article 56 for the specific channels.
(5) The primary requisitioned channel shall be national channels.
(6) The primary time for the requisition shall be from 18:00 to 22:00 and other times come second; the time for broadcasting shall not exceed two minutes per hour in principle and commercial time shall be excluded from the said two minutes.
(7) The period of time of single requisition shall exceed a month in principle.
If needed to be extended, the requisitioning agency shall file an application again.
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5. The requisition statement shall be issued to the requisitioned party prior to the implement. In the event of emergency, the requisitioning party may notify the requisition via telephone, fax, electronic mail and etc. and reissue the requisition statement within 5 days of requisition.
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6. The following items shall be noted in the requisition statement:
(1) The name of requisitioned communication business, the owner, gender, ID number or VAT number, residence, and business address.
(2) The purpose, fact, explanation and regulations.
(3) The designated channel, time and period of time
(4) The designated manner of broadcasting
(5) The date and number of the issuance of official document
(6) The requisitioning authority and the senior official’s signature and seal
(7) Clarify the items for the manner and deadline for administrative remedy when against administrative disposition.
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7. The designated broadcasting contents are provided by the requisitioning authorities and shall be in accordance with the requisition objective.
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8. When the natural disaster or emergency no longer exists, the relevant agency shall immediately notify NCC and the said businesses shall revert to broadcast of regular programming after the receipt of NCC’s notification.
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9. Communication businesses shall list the contact in response to natural disaster and emergency to be kept in touch anytime; the contact list and its amendment shall be examined and reported to NCC.